Board of Health gives property owners 45 days to address water and septic issues

The Montezuma County Board of Health on July 7 continued a hearing into a possible on‑site wastewater treatment system (OWTS) violation at 29181 Road J in Cortez and gave the owners a 45‑day compliance period, the board said.

Public health inspector Miss Hill told commissioners that a June 24 site visit found no water service or septic system at the property but "we observed no signs of any kind of gray or black water being discharged onto the ground." Hill said the parcel contains four separate residences — a single‑wide and three recreational vehicles — and that the land‑use code only allows two residences per parcel.

Nelson Smith, who spoke for the family, described efforts to secure financing and professional help and said the family had installed a porta‑john July 1 and had been hauling black‑water waste to a commercial facility. "I've gone to USDA. I've gone to DAZ. I've gone to the American Legions," he said, describing attempts to get assistance and the time needed to complete engineering and tap work.

Board members debated options including a cease‑and‑desist order and penalties, with one commissioner saying the board wanted to avoid displacing residents if possible. The board ultimately voted to continue the matter for 45 days, require demonstrable progress (hiring an engineer, septic design and evidence of capability to obtain a water tap) and reconvene at 9 a.m. on Tuesday, Aug. 25, 2026. Public health staff said they will send a letter to the owners and help guide them through the permitting process.

The board emphasized the continuation was conditional on continued absence of wastewater discharge on the property; commissioners said failure to show progress at the next hearing could prompt stronger enforcement, including a cease‑and‑desist order.